Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 19, 2012 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Haferman, Selfridge, Sollecito, Della Sala Absent: Councilmember Downey City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Community Services Director, Police Chief, Fire Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, City Engineer, Senior Planner, Harbormaster, Principal Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Harbor/Marina Staff for Wharf II Fenderline Repair and Marina Dredging Projects (Public Facilities - 904-01) Action: Recognition given Community Services and Library Director Bui-Burton introduced the item, and Harbormaster Scheiblauer gave a brief report and introduced his staff. City Manager Meurer presented some additional details of the dredging project. CONSENT ITEMS Mayor Della Sala said that he has a request from a Councilmember to remove Items 5 and 8 from the Consent Agenda for discussion. . On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Items 5 and 8, which were removed for discussion: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. May 23, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Downey absent) 3. June 5, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Downey absent)  City Council Minutes Tuesday, June 19, 2012 Award of Contracts 4. Award DMDC Building 4385 - 3rd Floor Roof Repair - Rebid Project Contract for Construction ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-093 C.S. (4-0-1; Downey absent) 5. Award On-Call Sidewalk Slicing 2012 Contract for Construction ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 12-094 C.S (4-0-1; Downey absent) Principal Engineer McMinn presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comments on the item, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 12-094, awarding an on-call sidewalk slicing 2012 contract for construction: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 6. Authorize Replacement of a Seventy-Five foot (75') Tour Boat with an Eighty foot (80') Tour Boat for Concession #16, Municipal Wharf I (Plans & Public Works - 206-03) Action: Adopted Resolution No. 12-095 C.S (4-0-1; Downey absent) 7. Establish the 2012-13 Appropriation Limit (Gann Initiative) (Finance - 406-01) Action: Adopted Resolution No. 12-096 C.S (4-0-1; Downey absent) 8. Award On-call Professional Real Estate Consultant Services Contract (Plans & Public Works - 704-05) Action: Removed from Consent; discussed; adopted Resolution No. 12-097 C.S (3-1-1; Selfridge voting no, Downey absent) Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. On question, City Manager Meurer clarified that the intent is that the hiring of this consultant is a result of Councilmembers' desire for a review of real estate transactions, and he recommends that Council use the consultant only in specific complicated transactions rather than evaluating every one. Mayor Della Sala said that he appreciates staff brining this matter forward because the City of Monterey owns many very unique properties that are not easy to evaluate. Mayor Della Sala opened public comment on the item, no one came forward, and he closed public comment. 2  City Council Minutes Tuesday, June 19, 2012 On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 12-097 C.S., awarding an on-call professional real estate consultant services contract: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9. Award Contract for Fire Station Alerting System Installation by ComTech Communications and Transfer of Funds to Meet Related Grant Matching Requirement (Fire - 409-02) Action: Adopted Resolution No. 12-098 C.S (4-0-1; Downey absent) 10. Adopt Amendments to the Memoranda of Understanding with Management Employees’ Association (MEA), Monterey Police Association (MPA), Police Lieutenants’ Management Association (PLMA), and Fire Management Association (FMA) (Human Resources - 701-13) Action: Adopted Resolution No. 12-099 C.S (4-0-1; Downey absent) Other 11. Appointment and Reappointment of Boards, Commission and Committee Members (Information Resources - 701-04) Action: Approved Subcommittee recommendations (4-0-1; Downey absent) 12. Appoint Council Member as City of Monterey Representative to the Leadership Council of the Lead Me Home 10-Year Plan to End Homelessness in Monterey and San Benito Counties (Plans & Public Works - 701-04) Action: Approved (4-0-1; Downey absent); Voted to reconsider at 7/3/12 meeting (4-0-1; Downey absent) 13. Approve Aguajito Oaks Alternate to Neighborhood Improvement Program Committee (NIP) for Remainder of Calendar Year 2012 (Plans & Public Works - 701-06) Action: Approved (4-0-1; Downey absent) 14. Reject claim - Boyer (Finance - 408-04) Action: Rejected claim (4-0-1; Downey absent) 15. Reject Claim - Balesteri Construction (Finance - 408-04) Action: Rejected claim (4-0-1; Downey absent) 16. Approval of Appropriation of Funds and Request for Use of City Property, Services and Street Closures for 4th of July Event (Recreation & Community Services - 302-05) Action: Adopted Resolution No. 12-100 C.S. (4-0-1; Downey absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Mike Sovereign, President of the Friends of the Monterey Library, gave a brief report on the latest efforts regarding the Library endowment. He announced that the July 15 Gold Rush event is a raffle for three donated gold coins totaling about $3,000 in value. Having no further requests to speak, Mayor Della Sala closed public comments. 3  City Council Minutes Tuesday, June 19, 2012 PUBLIC APPEARANCE 17. Deny Request to Refund a Portion of Interest Accrued on CDBG Rehabilitation Loan at 47 Logan Lane (Plans & Public Works - 201-09) Action: Amended and adopted Resolution No. 12-101 C.S., approving a request to refund a portion of interest accrued on CDBG rehabilitation loan at 47 Logan Lane in the amount of $402.32 (4-0-1; Downey absent) Property and Housing Manager Marvin presented the staff report. Staff clarified that the recording of the loan provides notice to all parties. Mayor Della Sala opened public comments on the item. Janie Balesteri said that she thinks this loan program is a great thing that the City does to help people with housing. She said that, in this case, the heirs paid all of the bills that were due in 2008, but there was no notice of this $800 being due until three years later. She asked Council to refund the money. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Sollecito said that since there was no wrong doing on either side and this is tax payer money the right thing to do would be to split the difference and approve a $402.32 refund of interest. Councilmember Haferman said he would prefer to refund the entire amount, given that the heirs did everything that they were asked at the time. Councilmember Selfridge said that she believes that refunding half of the money is the right thing to do. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council amended and adopted Resolution No. 12-101 C.S. approving the request to refund a portion of interest accrued on CDBG Rehabilitation Loan at 47 Logan Lane in the amount of $402.32: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council recessed at 5:05 p.m. and reconvened at 7:02 p.m. The Mayor noted that Councilmember Downey was absent because she was celebrating her 50th wedding anniversary. Mayor Della Sala noted that as part of the Consent Agenda this afternoon, Item 12 was approved to appoint a representative to the Leadership Council of Lead Me Home, but the action did not name a specific Councilmember. He asked for a motion to reconsider the item at the next Council meeting. On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council voted to reconsider at the next meeting, Item 12 to appoint a Councilmember as the City representative to the Leadership Council of Lead Me Home: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, June 19, 2012 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments. Nelson Vega said that while there was an article and an item on this afternoon's agenda regarding concessions made by City employee groups, the private sector has taken bigger hits during the past few years. He asked to have an update on the potential for obtaining water for the old veterinary hospital on Fremont Street. He said that the Water District's recent Prop 218 process to pass a fee is unfair and he asked the Mayor and Council to encourage the Regional JPA to take an action opposing the fee. Richard Ruccello said that the Friends of Monterey Public Library has dozens of volunteers who are working to retain services at the City of Monterey. He asked people to help make the Library endowment a success by participating in the 1849 Gold Rush event. Having no further requests to speak, Mayor Della Sala closed public comments on items not on the agenda. PUBLIC HEARING 18. Amend Monterey City Code Section 38-165.A., Procedures to be Followed Upon Granting of Permit Applications; (Exempt from CEQA Requirements). (Plans & Public Works - 701-11) Action: Passed Ordinance to print (4-0-1; Downey absent) Senior Planner Ebbs presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed an ordinance to print, amending Monterey City Code Section 38-165.A., Procedures to be Followed Upon Granting of Permit Applications: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. Deny a Request for a 24- Minute On-Street Parking Space adjacent to 210 Ramona Avenue (Plans & Public Works - 901-07) Action: Continued to July 3, 2012 (4-0-1; Downey absent) Mayor Della Sala said that Council received a request to continue this item until the next meeting where all five members would be present. He asked if there was anyone in the audience who wished to hear the item tonight, and no one responded. On a motion by Mayor Della Sala, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the Item to July 3, 2012: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5  City Council Minutes Tuesday, June 19, 2012 20. Adopt FY 2012/2013 Neighborhood Improvement Program (NIP) (Plans & Public Works - 505- 05) Action: Adopted Resolution No. 12-102 C.S., approving FY 2012-13 NIP (4-0-1; Downey absent) City Engineer Reeves presented the staff report on the item and answered Councilmembers’ questions. Mayor Della Sala opened the floor for public comments on the item. Michele Knight, Cannery Row Business Association, spoke in support of the projects and said that her association is anxious to partner with the neighborhood on Recreation trail crossings. Lee Whitney, Glenwood neighborhood, gave a brief history of her experience with the NIP, and she supported a sidewalk at the Hilton Hotel and the move of a CERT box. Richard Ruccello, Alternate NIP Spokesperson, gave a brief review of the NIP process this year, and asked Council to approve the projects. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 12-102 C.S., adopting the FY 2012/2013 Neighborhood Improvement Program (NIP): AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS 21. Request for Reconsideration of Council's Action on June 5, 2012 to Delay Two International City Managers Association (ICMA) Surveys (Haferman - 102-03) Action: Approved reconsideration (3-1-1; Selfridge voting no, Downey absent) Councilmember Haferman reminded Council that at the last meeting Council adopted a $100 million budget and spent a lot of time talking about $19,500 of that budget. He said he would like to reconsider the decision on these two items so they could be reviewed more closely. Mayor Della Sala noted the late hour at which the Council discussed these matters at the last meeting. Mayor Della Sala opened public comments on the item. Nelson Vega said that he appreciates it when a Councilmember admits that he believes he made a mistake and is willing to revisit a matter. Having no further requests to speak, Mayor Della Sala returned the discussion to the Council. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to approve the request for reconsideration of Council's action on June 5, 2012 to delay two International City Managers Association (ICMA) surveys: Councilmember Selfridge voiced concerns that the $19,500 should be spent on other items at this time. The motion carried by the following vote: 6 City Council Minutes Tuesday, June 19, 2012 AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Selfridge congratulated Councilmember Downey on her 50th Wedding Anniversary. She said that she is now a "Tiller" after going on a ride along with the Fire Department, and she said she is very proud of the Carmel-Monterey-Pacific Grove combined Fire Department. She hoped that the City would host celebrations of the Sports Center's 20th Anniversary. Ms. Selfridge requested to agendize a referral to the Parks and Recreation Commission of a policy for signs being put in neighborhood parks. She said that the Council has received a proposal regarding the Stohan's building and she would like to see us follow through on that proposal. Councilmember Sollecito reported that he was recently in Sacramento where state legislators continue to try to confiscate city revenues. He gave some examples of how they are trying to take money from districts, counties and cities. Mayor Della Sala said that the Fire Department recently took delivery of guides on emergency preparedness and that the Monterey County Emergency Response Team has received national recognition. The Mayor said that many people have heard that City Manager Meurer is planning to retire next year, which will be a huge loss. He said that he is confident that Mr. Meurer has done an excellent job of grooming leaders and that another strong leader will step into his shoes. Mayor Della Sala said that he has received compliments and positive remarks from all kinds of people all over the world about Fred's leadership. CITY MANAGER REPORTS The City Manager had no report. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 7:44 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 7